Questão jurídica principal
Whether the insured was entitled to an invalidity pension higher than 39%
Decisão extraída
The existing medical opinions were equally probative; the case had to be returned for a new decision after an additional expert appraisal.
Fundamentação extraída
When two contradictory but equally probative expert opinions exist, the court may not simply use their average. It must assess which is more convincing; if neither is, it must obtain an expert opinion unless no further clarification is expected.